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Damage and Delay to Interstate Shipments: Motor Carrier Cargo Claims Under the Carmack Amendment

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 26, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss bringing or defending interstate motor carrier cargo claims under the Carmack Amendment to the Interstate Commerce Act. The panel will offer best practices for both shippers and carriers for resolving claims favorably.

Description

Interstate cargo claims are governed by the Carmack Amendment, 49 U.S.C §14706, which renders carriers liable for the loss or damage of property during transit unless the carrier demonstrates it was free from negligence and one of several exceptions applies. Loss or damage to property may include actual damages and those reasonably foreseeable due to loss, damage, or delay. Shippers and carriers negotiate heavily over cargo value and liability limits.

The Carmack Amendment applies when cargo is transported by a motor carrier in interstate commerce and that turns on a number of factors. The shipper is required to establish a prima facie case of liability, after which the burden shifts to the carrier to try to establish certain enumerated defenses, including but not limited to the "Act of God" defense.

The shipment of goods may involve various participants who may or may not be subject to the Carmack Amendment. For example, freight forwarders or logistics brokers may or may not be subject to the Carmack Amendment depending on their relationship to the parties and their involvement in the process.

Listen as this experienced panel offers best practices for bringing or defending interstate motor carrier cargo claims.

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Outline

  1. Relevant statutes and regulations
  2. Compliance requirements for shippers
  3. Compliance requirements for carriers
  4. Shipper rights in the face of damaged goods
    1. Claim filing period
    2. Shipper's burden of proof
    3. Proof of damages
    4. Duty to mitigate
  5. Carrier defenses
    1. Liability defenses
    2. Limitation of liability
    3. Damages recoverable
    4. Investigation and inspection of cargo
  6. Best practices for shippers and carriers

Benefits

The panel will discuss these and other important issues:

  • When does the Carmack Amendment apply to cargo claims?
  • How is the value of damage calculated?
  • How do parties determine whether the carrier was transporting goods in interstate commerce?
  • What should a carrier do if its investigation shows that the property damage occurred on another carrier's watch?
  • How does a carrier limit its liability for claims for loss or damage?

Faculty

Floyd, Wm. Daniel
Wm. Daniel Floyd

Partner
Lewis Brisbois Bisgaard & Smith

Mr. Floyd is a partner in the Atlanta office of Lewis Brisbois and is Vice-Chair of the firm’s Transportation...  |  Read More

Hubbard, Emileigh
Emileigh S. Hubbard

Shareholder
Henry Oddo Austin Fletcher

Ms. Hubbard, a leader in the firm's litigation section, focuses on transportation, logistics, business, and...  |  Read More

Julian, Maximilian
Maximilian Julian, Esq.

Partner
Gertsburg Licata Co.

Mr. Julian is a pragmatic, results-oriented litigator whose practice focuses on commercial litigation. He has...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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